John Livelar Co. v. State
Mississippi Supreme Court
Appeal from the circuit court of Holmes county. Hon. J. M. Oashin, Judge. Proceeding by the state to seize and destroy intoxicating liquors in -which John Livelar & Company were claimants. From a judgment for the state,' claimants appeal. The facts are fully stated in the opinion of the court. The first error assigned is the overruling of the demurrer of appellants to the affidavit on which the search warrant was issued.
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Appeal from the circuit court of Holmes county. Hon. J. M. Oashin, Judge. Proceeding by the state to seize and destroy intoxicating liquors in -which John Livelar & Company were claimants. From a judgment for the state,' claimants appeal. The facts are fully stated in the opinion of the court. The first error assigned is the overruling of the demurrer of appellants to the affidavit on which the search warrant was issued. If the demurrer had been sustained' the search warrant would have been quashed and the liquors relieved from the levy. Of the grounds set up in the demurrer, the…
1Opinion of the CourtAnderson, J.
This is a proceeding on the part of the state to seize and destroy certain intoxicating liquors, under sections 1749, 1750, and 1751, Code 1906. There was a claim interposed by the appellants for the liquors, and a trial, resulting in a judgment against them, from which they prosecute this appeal. The liquors in question were sold by appellants to J. B. McClufg, the latter giving them his check in payment therefor, and were shipped to McClurg at West, and found stored in the depot there, consigned to him.
The following affidavit was made for their seizure: “Before mé, T. B. Hastings, mayor of…
2Cited by3 opinions
- Cofer v. StateMississippi Supreme Court · 1928
- Turner v. StateMississippi Supreme Court · 1923
- Williams v. StateMississippi Supreme Court · 1945